Loading...
Purchase Order with the University of South FloridaUSF UNIVERSITY OF SOUTH FLORIDA 4202 E FOWLER AVE TAMPA FL 33620 Supplier: 0000079783 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH FL 33139 FEID No. 59-3102112 Tax Exempt? Y Florida: 'Line Item/Description aol -.9c7 Purchase Order Purchase Order Number 0000246011 Dispatch via Print Date Change No. Page 11/17/2017 1 of 1 Payment Terms Net 30 Freight Terms Ship Via FOB DEST PREPAY & ADD BEST WAY Dept/College Contact LaToyia Fipps Dept/College Phone 813/974-3120 Currency USD 858014988828C Federal: Ship To: CENTRAL RECEIVING TAMPA CAMPUS UNIVERSITY OF SOUTH FLORIDA 4202 E FOWLER AVE CRS100 TAMPA FL 33620-5050 Bill To: ACCOUNTS PAYABLE UNIVERSITY OF SOUTH FLORIDA 4202 E FOWLER AVE ALN147 TAMPA FL 33620-9000 59-73-0209K Buyer: Paul Allan Cleveland HIGH VISIBILITY ENFORCEMENT TO PROMOTE SAFE PEDESTRIAN, BICYCLIST, AND DRIVER BEHAVIORS. DATE OF SERVICE: PO DATE THRU - MAY 17, 2018 Quantity /Unit Unit Price 1.00 LOT Extended Amt 1 35,000.0000 35,000.00 TERMS AND CONDITIONS OF CONTRACT CNTR0014831 BETWEEN THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES AND THE VENDOR DATED 11/15/2017 SHALL APPLY TO THIS PURCHASE. PURCHASE FROM GOVERNMENT AGENCY IN ACCORDANCE WITH USF REGULATION NUMBER USF4.02040(3)(L) - By accepting this purchase order, Vendor acknowledges & agrees to comply with all terms and conditions on this purchase order and those listed at http://www.usf.edu/business-finance/purchasing/resources/pur-t-c.pdf - The Purchase Order Number must appear on all correspondence, shipments and invoices. Total PO Amount 35,000.00 Letter of Agreement and Contract In this contract between fire Ci of Miami Beach on behalf of the Miami Beach Police Pc )artment "Vendor' jij l the University of South Florida Board of Trustees, apublic body corporate for the Universit of South Florida's Center for Urban Trans ortation Reser rch "University" the Vendor shall perform the services as outlined in the scope of services (Exhibits A & B). The contract period will begin upon execution and will end on May 17, 2018. Total contract amount will not exceed $35,000 The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida Department of Transportation (FDOT) Project # 433144-1, Contract #00023 (attached). All services must be completed by May 17, 2018. The final invoice must be received by June 1, 2018 or payment will be forfeited. It is expressly understood that the Vendor is an independent contractor, and not an agent of FDOT or the University, The Vendor agrees to be fully responsible for all claims for damages and liability arising out of the negligent or wrongful acts or omissions of its employees while acting within the scope of the employee's office or employment and while providing services under this contract. As "state agencies or subdivisions" of the State of Florida within the meaning of Section 768.28(2), Florida Statutes, FDOT, the University, and the Vendor's ("State Agencies" or individually "State Agency") respective total liability shall not exceed the limits of their waiver of sovereign immunity provided under Section 768.23, Florida Statutes. Nothing herein shall be construed as consent by the State Agencies to be sued by third parties in any matter arising out of this contract or as a waiver by the State Agencies of any immunities, rights or limits to liability provided by Florida law. Each State Agency shall be responsible for its own attorney fees in the event of a dispute. In accordance with the contract, the Vendor is authorized to perform the tasks detailed in the scope of services (Exhibits A & B) and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed contract from the University will not be eligible for reimbursement, This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. UNIVERSITY CANNOT ]PROVIDE LEGAL ADVICE TO VENDOR REGARDING ITS LEGAL DUTIES. HOWEVER, VENDOR MAY CONTACT UNIVERSITY'S CUSTODIAN OF PUBLIC RECORDS AT USFPURCHASING@USF.EDU OR 813-974- 24$1 IF VENDOR HAS QUESTIONS REGARDING THE APPLICATIN OF CHAPTER 119, FLORIDA STATUTES TO THE VENDOR'S DUTY TO PROVIDE AND MAINTAIN PUBLIC RECORDS RELATING TO THIS AGREEMENT. CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with this contract, unless Florida law provides that the records are confidential and/or exempt from the disclosure requirements of section 24(1) of Article 1 of the state constitution and section 119,07(1), Florida Statutes. l City of Miami Beach on behalf of the Miami Beach Police Department air 4 -agqic HVE CONTRACT CHECKLIST Checklist — Requirements PRIOR to FIRST HVE on -street operation ❑ RESOURCE PAGE: REQUIRED Templates, Template Samples, Invoice and KiSSFLOW Instructions, and MORE can be found at http://alerttodayflorida.com/HVE/ (INVOICES THAT INCLUDE OLD TEMPLATES WILL BE REJECTED) ❑ Request Contract and PO in KF n Submit Approved Personnel Letter in KF ❑ Submit First Media Engagement in KF (at least 7 days before first HVE on -street operation) ❑ Received Education Material (must be on -hand before first HVE on -street operation) ❑ Plan to start HVE on -street operations within 30 days of PO Date ❑ Plan to submit first "Periodic Invoice" within 60 days of PO Date in KF Checklist — Requirements THROUGHOUT HVE Contract ❑ Conduct first on -street operation within 30 days of PO Date E Submit first Periodic Invoice in KF within 60 days of PO Date ❑ Submit Second Media Engagement in KF promoting the FDOT Alert Tonight Florida campaign, between 11/5/2017 - 3/11/2018 or Florida Bicycle Month between 3/1/2018 — 3/31/2018 (campaign materials provided by CUTR). Additional Media Engagements are encouraged but not required. n Regularly submit Detail Reporting Forms on-line (required before submitting a respective Periodic Invoice) n Request Additional Education Material in KF (do not wait until you run out to request additional material) ❑ Contact Alex Cruz at acct@cutr.usf.edu AS SOON AS POSSIBLE if for any reason your agency is unable to meet "Contract Requirements" including but not limited to: starting after 30 days, pausing operations, unable to utilize entire funding amount, short staffed, etc. This communication will enable CUTR at USF to appropriate additional funds at other agencies. EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN OBJECTIVE: The Florida Department of Transportation ("FDOT"), through a grant with the University of South Florida's Center for Urban Transportation Research ("University"), will utilize law enforcement support to educate and enforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The main objective of this effort is to reduce traffic crashes resulting in pedestrian and bicyclist fatalities and serious injuries through the use of selected traffic education and enforcement operations. IT. PURPOSE:, In 2015, 2,939 people lost their lives in traffic crashes on Florida's roadways, More than 21% of them were pedestrians (632) and more than 5% were bicyclists (154). The Purpose of this funding opportunity is to develop and implement effective community level high visibility enforcement operations in areas with the highest representation of traffic crashes involving pedestrians and bicyclists resulting in fatalities and serious injuries. The project Goal is to increase awareness of and compliance with traffic laws pertaining to pedestrian and bicyclist safety in an effort to reduce pedestrian and bicycle crashes, fatalities, and serious injuries on our roadways. Pedestrians and bicyclists are more vulnerable that all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic crashes. This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is implemented by the University of South Florida under the direction of the Florida Department of Transportation. This campaign supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being implemented to educate pedestrians, bicyclists, and motorists on traffic laws pertaining to pedestrian and bicycle safety and to increase compliance with those laws, III. SERVICES TO BE PROVIDED BY THE VENDOR: A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists, in an effort to change behaviors and improve the safety of pedestrians and bicyclists. Conduct on -street education and enforcement operations including the distribution of educational materials, and the issuance of warnings and/or citations to pedestrians, bicyclists, and motorists in accordance with Florida Statues. The Vendor must emphasize education and document educational efforts throughout the entire contract period. B. Operations roust begin within 30 days of the contract execution date. Exceptions for delayed start may be approved if a State of Emergency is declared by the Governor that directly impacts the Vendors ability to perform, All exceptions require the approval of the University and FDOT. C. The Vendor shall distribute the provided safety educational materials during ALL High Visibility Enforcement operations. Vendors that elect to participate in bicycle light distribution will be required to complete a separate Bicycle Light Distribution Assurance form. Lights may be available, but due to limited quantities, this is not guaranteed. 2 City of Miami Beach on behalf of the Miami Beach Police Department D. The Vendor is required to engage the media during the contract period. The Vendor shall distribute a minimum of two (2) press releases during the contract period. The initial required media engagement will announce that operations will begin and must be conducted a minimum of seven (7) days in advance of the operation start date, The second release must include FDOT approved messaging (provided by the University) to coincide with either the Alert Tonight Florida campaign (11/5/17 - 3/11/18) or Florida Bicycle Month (3/1118'- 3/31/18), Additional media engagement is encouraged throughout the contract period. Proof of media engagement must be provided within 30 days of the press release or news report as a backup documentation component for invoicing during the period in which it is conducted, IV, UNIVERSITY RESPONSIBILITIES: The University will provide to Vendor copies of the required training materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, educational materials far distribution, and approved safety messages. The University reserves the right to review and audit the Vendor's compliance with the terms of this Letter of Agreement and Contract during business hours and at the University's sole expense. In the event University determines that Vendor is not averaging the required number of operations, hours, and officers in each operation over the period of time between the date delivery of services commences and the audit date, as agreed to herein, the University may reduce the funding for the remaining term of the Agreement by the percentage difference between the required number of operations and officers and the Actual Average. (Information regarding the "Actual Average" can be found on the Iast page of this contract.) V. VENDOR RESPONSIBILITIES: ON -STREET OPERATIONS Funding is restricted to on -street overtime operations conducted by sworn enforcement officers specific to pedestrian and bicycle safety in the identified priority areas, conducted at the level of effort shown in this contract. The Vendor will be reimbursed based on performance of specific tasks listed within the contract. Invoices must document that each officers initial 40 -hour minimum level of effort has been met prior to participating in overtime operations (note - officers can be scheduled to work IiVE overtime operations in a given week prior to having met the 40 -hour minimum, However, should the officer not end up working their full 40 hours during that week, then those hours for EINE would not be overtime, and thus would not be eligible for reimbursement), No hours may be charged for efforts other than those specified in the contract. Example: General speed enforcement would not qualify for reimbursement, however, enforcing speed in a priority area where data reflects that speed is contributing to Waffle crashes involving pedestrians and bicyclists would qualify for reimbursement. Vendors will not be reimbursed for operations that take place outside of the identified priority areas, The funding that is provided to the Vendor is not to be used to supplant the Vendor's ongoing enforcement and educational efforts. Duplicated efforts will not be eligible for reimbursement. Only swam law enforcement officers are eligible to conduct activities (Community Service Officer (CSO) are not eligible for reimbursement), Only High Visibility Enforcement is eligible for reimbursement on this contract; time spent for activities such as training, outreach, school events, administrative time, etc. are not eligible for reimbursement, Hours that are nut in excess of an officers normal 40 -hour work week are not eligible for reimbursement. NON-DISCRIMINATION AND ETHICAL STANDARDS No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to discrimination under any program or activity supported by this contract. The agency agrees to comply with the Florida Civil Rights Act (F.S. 760) http://www.leg.state.fl.us/statutes/index.cfin?r pRmo,,.s-I,e�-Display Statute&lJR.l.,-0700-0799/0760/0760.bmli All officers participating in High Visibility Enforcement activities are required to comply with the Law Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law 3 City of Miami Beach on behalf of the Miami Beach Police Department Enforcement, https://www.fdie,state.fl,us/Content/CIST/Menu/Off•icer-Requirements-Main-Cage/L1 -Ethical- Standards-of Conduct.aspx TRAINING & PERSONNEL RATES There are two required training modules that can be accessed for free on the www.AlerrfodayFlorida.00m website. All officers must meet all training requirements, regardless of previous training. Each officer will be responsible for taking the training and passing quizzes, Time for completion of these training requirements shall be in-kind, REQUIRED: The following Roll Call videos must be watched by all officers. In addition, there is a quiz that must be completed with a soore of at least 80%: "Pedestrian Safety Roll Call for Law Enforcement" http://www.alerttodayflorida.com/RollCall/ "Cycling Safety Roll Call for Law Enforcement" http://www.alerttodayflorida,com/RoliCali/ OPTIONAL: The following training videos are optional, but we strongly encourage your officers to take part in these trainings; "Pedestrian Safety Training for Law Enforcement" http://www.iadiest,org/ProjectsfNLEARN.aspx "Enhancing Bicycle Safety: Law Enforcement's Role" http://www.iadlest,org/Projects/NLEARN.aspx Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to perform overtime operations under this agreement, including a certification of completion of the required training, and a fully -loaded hourly overtime rate range (no more than +1- $5.00) to be used for each officer. The contract hourly billing rate range shall include the costs of hourly overtime plus associated fringe benefits, Only hours from officers listed and within the rate range shown on the authorized personnel list are eligible for reimbursement under this agreement. The authorized personnel list may be updated to add officers and update billing rates, but no hours may be charged for any individual officer until after the updated personnel list has been signed and dated showing their contract billing rate and verifying training has been completed. (Note — All rates must match the payroll documentation submitted with each monthly invoice.) Time for training may not be charged to this contract. CORE ACTIVITY PERFORMANCE MEASURES Each Law Enforcement Agency will perform a minimum of (80%) eighty percent of contracted efforts outlined within their High Visibility Enforcement contract within the contract period to be eligible for agency of the year award consideration. Each successive fiscal year, agencies will be prioritized for funding based on percentage of performance expectations that were met. Performance will be tracked through monthly activity reports and measured against the established enforcement plan. CONSEQUENCES FOR NON PERFORMANCE If the Vendor is not meeting the agreed upon level of effort as outlined in Exhibit B, the full amount of funding for subsequent periods will be reduced. In the event that the required services are in dispute, the invoice may be pro -rated, reduced, or withheld until adequate documentation is provided to support the completion of such services and the dispute is resolved, If minimum performance requirements are not met, the invoice will be pro -rated, and payment will only be made for services that were completed as outlined in this agreement. 4 City of Miami Beach on behalf of the Miami Beach Pollee Department DELIVERABLES INVOICES Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract execution date. Failure to submit invoices as outlined in this contract may result in termination of the agreement. If payroll is bi-weekly, invoices may be submitted after every two pay periods. Invoices must contain the following: • Invoice: summary of hours charged and total due. Vendor must use the invoice template provided by the University. • Personnel Timesheets; total hours for each individual officer must be reported. Total hours include hours worked on this contract, and any other hours the officer works during the month, The timesheets should clearly indicate that the hours charged to this HVE contract are above and beyond the officer's normal 40 -hour workweek. Vendors must submit hours using the Personnel Services Timesheet template provided by the University. • Activity Reporting form: one page for each operation/location completed showing officers assigned, date, times, location, safety issue addressed and corresponding enforcement approaches used, contacts overview, nurnber of materials distributed, and the numbers of warnings and citations issued to motorist, pedestrians, and bicyclists under each Statute. Vendors must utilize the Activity Reporting Form template provided by the University. • Payroll documentation: Vendor must submit payroll documentation to accompany each invoice. This payroll documentation should clearly indicate overtime rates that match the invoice, when each officer performed overtime activities (must match the personnel timesheet), that the hours being clairned are for hours worked in excess of the normal 40 hour workweek, and must include either a pay stub or payroll ledger documenting payment to each officer for which you are requesting reimbursement, Any personal information, such as social security numbers, should be redacted, • Personnel Letter; Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to perforin overtime operations under this agreement, including a certification of completion of the required training, and a fully -loaded hourly overtime rate range (no more than +1- $5.00) to be used for each officer. Time for training may not be charged to this contract. • Proof of Media Engagement; Proof of media engagement must be provided within 30 days of the press release or news report as a backup documentation component for invoicing during the period in which It Is conducted. See Section III for additional details. All invoices must include the dates of service (to/from) and the following certification statement: "All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The certification statement must be signed by an authorized agent of the "Vendor". Invoices must be submitted through the provided online platform. In case access to the provided online platform cannot be obtained, invoice documentation can be sent electronically to acct@cutr.usf.edu. 5 City of Miami Beach on behalf of the Miami Beach Police Department EXHIBIT "B" EFFORT SUMMARY - PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN SERVICE PROVIDED: Enhanced Traffic Enforcement Detail/High Visibility Enforcement Number of operations to be completed 45 Hours per operation 3 Officers per operation 4 1. Corridor: Sth Street from Washington Avenue to Collins Avenue and then Collins Avenue from Sth Street to 23rd Street List of approved 2. Corridor: 41st Street from Collins Avenue to Prairie intersections/corridors to conduct Avenue operations 3. Corridor: Alton Road from 4th Street to Dade Blvd 4. Corridor: 71st Street from Bay Drive to Collins Avenue 5. Corridor: Washington Ave from 5th St to 17th St Actual Average = (Total # of details x 15,43 # officers per detailx # hours per details / Total # of weeks Total Project budget not to exceed: $35,000 NOTE: Total budget calculated from 35 weeks total duration at the level of effort indicated above. Reasonable effort must be made to maintain the weekly level of effort for the full contract period. If the level of effort outlined above is not obtained during a given month due to unexpected circumstances (Le, weather, staffing issues, illness, etc.), these should be documented in each invoice, All properly documented overtime enforcement hours completed within the contract term will be reimbursed, not to exceed the total budget. 6 City of Miami Beach on behalf of the Miami Beach Police Departtnent Miami Beach HVE Locations 1. Corridor: 5th Street from Washington Avenue to Collins Avenue and then Collins Avenue from 5th Street to 23rd Street 2, Corridor: 41st Street from Collins Avenue to Prairie Avenue 3, Corridor: Alton Road from 4th Street to Dade Blvd 4. Corridor: 71st Street from Bay Drive to Collins Avenue 5, Corridor: Washington Ave from Stn St to 17th St 7 City of Miami Beach on behalf of the Miami Beach Police Department t ,,e-Fittitiii).•:•,'C.- - „ , ' ''' :-•;fiGc4- ,LIfirg.T‘ rio c t.;:totttir t1tt4t,‘,,trt-':' *^^ ^.^', 2.0.fxs.-ti:'`,-r,•Y' :0:4.° '...-:;:'",','.',1, '. ••• ,:.' q, 4'1` . ',' , .q.- ,. f., ‘•:-.„..F.1:11 14 qrb , . . - . i':- .,', v: f.,':b 1 tin : . . ,.. '''''' .•44^' t .., . t^ trt , oymprta , 4Taia ,rE 71hZ t t,t• . • • , • ra • ' ",",P • :Ettstianotctlitrii t 4th pi <4 , -•;14,,th .61 4th.' intvso t) t*""tit41. „ . 8 City of Miami Beach on behalf of the Miami Beach Police Department Agency Name (Vendor); adif FEID# 6600 59 Address; l ep,-)// .1 6744' i'• r of •ee lent and Contract SIGNATURE PAGE /iron , 46 -each City: Digitally signed by Jeff Elliott Jeff E I I i ,„ t DN: rn=Jeff Elliott, a=Universityof South Florida, ouPurchasing Services, email=jelllott3@usfedU, c=US Date: 2017.11.15 10:36;03 -05'00' University of South Florida Board of Trustees Project Activity Contact, of South Florida APPROVED AS TO FORM AND LEGAI. SUFFICIENCY inv) Londrisan ATTORNEY 1JSF State; EL Zip; November 15, 2017 Date /0-1//7 Date VENDOR ACKNOWLEDGEMENT: By signing below, I certify that I have read the entire document, agree to abide by the pricing and alt terms and conditions of this Letter of Agreement and Contract, and that I am authorized to sign for the Vendo Vendor's ttho,i 'ed 03, A.419 Printed Nana FDOT APPROVAL , y Mana xx Title APPROVED AS TO FORM & LANGUAGE &F RE CI1TION ic 1— ILL\ City Attorney oc Date 9 City of ivliarni Beach on behalf of the Miami Beach Police Department Florida Department of Transportation (FDQT) Project # 4331444, Contract #G0023 State and Federal Requirements: FEDERA L RESOURCES AWARDED PURSUANT; TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWING AUDIT REOUIRE1ENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards wtwf.ecPr:gov ,EDERAI. RESOURCES AWARDED PUR UAi T TO TIIIS CONTRACT MAY A e50 BE SUBJECT TO TIIE FOLLOWING: Title 23 — Highways, United States Code )raps/uscode.house. govtbrowse.xhtmi Title 49 Transportation, United States Code http;//uscode,house.gav/browse xhunl MAP -21 — Moving Alread for Progress in the 21" Century, P.L. 112-141 www det.gov/map2l Federal Highway Administration --Florida Division w . Federal Funding Accountability and Transparency Ant (FFATA) Sub -award Reporting System (FSRS) ,}yzvw.fsrs,gov FEDERAL RESOURCES AWARDED PURSUANT TO TM§ CONTRACT ARE SUBJECT TO TIDE FOLLOWING REDUTThEMENTS Failure to submit progress reports arid invoices as outlined In the Letter of Agreement and Contract may result in termination of the agreement; may render the vendor ineligible for reimbursement of expenses; and may render the vendor ineligible for future consideration for funding under this program. If the contract is terminated, the hinds may be reallocated to other contracts. Invoices must be submitted as outlined in the Letter of Agreement and Contract, must meet the timeline established in the attached contract for services, and must include all required documentation as outlined in the contract for services, All invoices must contain the full details of each expenditure sufficient to support a proper pre -audit and post audit based on the scope of work and services identified in the Letter of Agreement and Contract. All invoices shall be signed by an Authorized Representative of the vendor or their delegate. Payment will be made only after receipt and approval of goods and services as outlined in the attached contract and exhibits, If the University determines that the performance of the vendor is unsatisfactory, the University shall notify the vendor of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the University, The vendor shall, within five days after notice from the University, provide the University with a corrective action plan describing how the vendor will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or eontraot non-compliance. Utile corrective action plan is unacceptable to the, University, the vendor shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for tha then -current billing period. Tire retainage shall be withheld until the vendor resolves the dofioionay. If the deficiency Is subsequently resolved, the vendor may bill the University for the retained amount during the next billing ponied. [f the vendor is unable to resolve the deficiency, the funds retained will be forfeited at the end of the contract's term. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency or University. The Vendor Ombudsman may be contacted at (850)413-5516. The vendor shall establish fiscal oontrot and fund accounting procedures that assure proper disbursement and accounting of contracted funds and required expenditures. All monies spent on thin eontrant shall be disbursed in accordance with provisions of the contract scope of work es approved by the University and FOOT State Safety Office Program Manager and must meet all state and federal regulations attaohed or referenced in this contract, All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law), The vendor agrees to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this contract pursuant to sections 287.133(2)(a) and 287.134(2)(a), Florida Statutes, (a) Section 287.133 (4)(a), ES. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; niay not submit a bid, proposal, or reply on a coniraet with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287,134 (2)(a), LS, An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or pubtio work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work es a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity, 10 City of Miami Beach on behalf of the Miami Beach Police Department All invoices for services shall contain the following certification statement and must be signed by the vendors financial representative; "Al] costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The University and FDOT State Safety Office shall review and approve in writing all amendments to consultant and contractual service agreements prior to execution. Only amendments to the contract which achieve or improve upon the outcome of the project as determined by the funding agency and any state or federal regulations that govern such changes will be considered for approval. Requests for amendment shall be in the form ofa written request signed by the Authorized Representative of the vendor, Delegations of signature authority will not be accepted for amendment requests without prior written approval. Approval of this contractual service agreement does not constitute approval of amendments to the contract. Any contract amendment executed without prior written approval of the University and FDOT State Safety Office will not be reimbursable under this contract. The allowability ofcosts incurred under any contract shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable State and Federal Law, to be eligible far reimbursement. All funds not spent in accordance with the Applicable State and Federal Law will be subject to repayment by the vendor. Only costs directly related to the approved scope of services within the attached contract shall be allowable, The State of Florida's performance and obligation to reimburse the vendor shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmcrthvide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace, herein incorporated by reference, the vendor shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government The sub -recipient or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). If a vendor has not commenced within 30 days after the acceptance of the contract, the vendor shall report by letter the steps taken to initiate the work, the reasons for delay, and the expected starting date, If, after 60 days from the acceptance of the contract, services as described herein has not begun, a further statement of implementation delay will be submitted by the vendor to the University. The vendor agrees that if the letter is not received in the 60 days, the University may cancel the contract. The University, or the FDOT State Safety Office Program Manager, where warranted by excusable delay, may extend the implementation date of the project past the 60 -day period. In this ease, formal written approval will be provided to the vendor from the University or MOOT State Safety Office Program Manager, Funds may not be obligated prior to the effective date or subsequent to the end date of the contract service period. Only costs incurred on or atter the effective date of the contract and on or prior to the end date of the contract are eligible for payment. A cost is incurred when the vendors employee or approved subcontractor performs the service required or when goods aro received by the vendor, notwithstanding the date of order. In the event of default, noncompliance, or violation of any provision of this contract by the vendor, the vendors consultants) or contractor(s) and supplier(s), the vendor agrees that the University will impose sanetions, Such sanctions include withholding of payment, retainage, cancellation, termination, or suspension of the contract in whole or in part. In such an event, the University shall notify the vendor of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the University will be based upon the severity of the violation, the ability to remedy, and the effect on contract performance. The vendor shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. The University, Florida Department of Transportation, Federal i-fighway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access to all books, documents, papers, and records of the vendor pertaining to this contract, and to relevant books and records of the vendor, and its consultants and contractors under this contract, for the purpose of audit and examination as provided under Applicable Federal Law, In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures may include, on-site visits by University staff, limited scope audits as defined by 2 CFR Part 200, and status checks of contract activity via telephone calls from University staff to vendors. By entering into this contract, the vendor agrees to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the contract is performed, the vendor agrees to bring the project into compliance with the contractual service agreement. The vendor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The vendor agrees to comply with all provisions provided in Chapter 119 Florida Statutes. gate vendor receives a public records request concerning its work undertaken pursuant to this contract, the vendor must take appropriate action as required by Chapter 119, Florida Statutes. The University shell unilaterally cancel this contract if the vendor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, P.5., and made or received by the vendor in conjunction with this contract. Records of costs incurred under the terns of this contract shall be maintained and made available upon request to the University t all times during the period of this contract and for five years after final payment is made. Copies of these documents and records shall be furnished to the University upon request. Records of costs incurred include the vendors general accounting records and the contract records, together with supporting documents and records, of the vendor and all subcontractors performing work en the contract, and all other records of the vendor and subcontractors considered necessary by the University for a proper audit of costs. The administration of resources awarded through the University to the vendor by this Agreement may be subject to audits and/or monitoring by the University. The following requirements do not limit the authority of the University to conduct or arrange for additional audits or evaluations of contracts issued pursuant to Federal awards or limit the authority of any State agency inspector genera], the State of Florida Auditor General or any other State official. Tile vendor shall comply with all audit and audit reporting requirements es specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by University staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to contracts issued pursuant to Federal awards provided through the University, By entering into this contract, the vendor agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the University, The vendor Rather agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the University, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. 11 City of Miami Beach on behalf of the Miami each Police Department (b) The vendor, a non -Federal entity as defined by 2 CFR Part 200, Subpart F -- Audit Requirements, as a sub -recipient of a contract pursuant to a Federal award awarded by the University is subject to the following requirements: (1) In the event the vendor expends a total amount of contracted funds pursuant to a Federal award equal to or in excess of the threshold established by 2 CFR Part 200, Suhpart F — Audit Requirements, the vendor must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -- Audit Requirements. This contract provides the required Federal award identification information needed by the vendor to further comply with the requirements of 2 CFR Part 200, Suhpart F — Audit Requirements. In determining contracted funds pursuant to Federal awards expended in a fiscal year, the vendor must consider all sources of Federal awards based on when the activity related to the Federal award occurs, Inoluding the Federal award provided through the University by this contract. The determination of amounts of Federally awarded Rinds expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F— Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this Part. (2) In connection with the audit requirements, the vendor shalt fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F— Audit Requirements. (3) In the event the vendor expends less than the threshold established by 2 CFR Part 200, Subpart P — Audit Requirements, in Federal awards, the vondor is exempt from Federal audit requirements for that fiscal year. However, the vendor must provide a single audit exemption statement to the Florida Department of Transportation at FDU'1SinaleAudit@dotstatc.fl.usno later than nine months atter the end of the sub -recipient's audit period for each applicable audit year. In the event the sub -recipient expends loss than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with tate provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the vendors resources obtained from other than Federal entities). (4) The vendor must electronically submit to the Federal Audit Clearinghouse (FAC) at hlipa:/lharvester,census.govifacweb/ the audit reporting package as required by 2 CFR Part 200, Subpart 0— Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months atter the end of rho audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F -- Audit Requirements, and this Agreement. However, the Florida Department of Transportation requires a copy of the audit reporting package also be submitted to FDOTS ingleAudit®dot.state,il.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements, (5) Within six months of acceptance of the audit report by the FAC, the Florida Department of Transportation will review the sub -recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the University by this contract. if the vendor fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart 0— Audit Requirements, tiro University may impose additional conditions to remedy noncompliance, if the University or the Florida Department of Transportation determines that noncompliance cannot be remedied by imposing additional conditions, the University may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: a, Temporarily withhold cash payments pending correction of the deficiency by the vendor or more severe enforcement action by the University; b, Disallow (deny the use of funds for) all or part of the cost of the activity or action not in compliance; c. Wholly or partly suspend or terminate the contract; d, Initiate suspension or debarment proceedings as authorized wider 2 C.F.R. Part 180 and Federal awarding agency regulations (or in tine case of the University or the Florida Department of Transportation, recommend such a proceeding be initiated by the Federal awarding agency); e. Withhold further contracts pursuant to Federal awards for the Project or program; f. Take other remedies that may be legally available, (6) As a condition of receiving this contract, the vendor shall permit the University, or its designee, the CFO or State of Florida Auditor General access to the vendors records including financial statements, the independent auditor's working papers and contract records as necessary. Records related to mtresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. (7) The contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 );oO'rSitteleAudil@Odot.slatc.fl.r a (8) The vendor agrees to comply with Section 20,055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20,055(5), Florida Statutes. The vendor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period drive years from the date the audit report is issued and shall allow the University, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The vondor shall ensure that the audit working papers are made available to the University, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the University. The vendor shall establish and administer a system to control, protect, preserve, use, and maintain and track any property or materials purchased pursuant to this contract. Any dispute, disagreement, or question of fact arising under the contraot may be addressed to the Program Manager in the FDOT State Safety Office in writing, The Program Managers decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision is final. Address' are: 12 City of Miami Beach on behalf of the Miami Beach Police Department Florida Department of Transportation Attn: Trendy McPherson, State Bicycle Pedestrian Safety Program Manager State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399.0450 Florida Department of Transportation Attn: Governor's Highway Safety Representative State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399.0450 The vendor shall proceed diligently with the perfomtance of the work in accordance with the contract and in accordance with the decision(s) resulting from dispute resolution, Conferences may be held at the request of any party to this contract Representatives of the University, Florida Department of Transportation, or the U.5. Department of Transportation (IfSDOT), or all the above, shalt be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. Subject to the limitations of Section 768 28, Florida Statutes, the vendor and any subcontractors that are party to this contract shall be required to defend, hold harmless and indemnify the University, the Florida Department of Transportation, Nt-ITSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of the vendor, its contractor, consultant, agents and employees. The vendor and its contractors, consultants, agents, or employees shall he liable for any loss of, or damage to, any material purchased or developed under this contract which is caused by the vendor and its contractors, consultants, agents, or employees failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this contract specifically agree that no provision in this contract is Intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract. Disadvantaged Business Enterprises (DBE) (a) The vendor and its contractors, consultants, agents, or employees agree to the following assurance: The vendor, its contractors, consultants, agents, or employees shall not discriminate on the basis of race, color, national origin, or sox in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The vendor shall take all necessary and reasonable steps under 49 CFR, Part to ensure nondiscrimination in the administration of USDOT assisted contracts, Implementation of this contraet is a legal obligation and failure to carry out these requirements Is a material breach of this contract, which may result in the termination of the contract or such other remedy, as the sub -recipient, its implementing agency, or the Department deems appropriate.tlpon notification to the vendor of its failure to carry out its approved contractual services, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Aot of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference, (b) The vendor and its contractors, consultants, agents, or employees agree to include the following assurance In each subcontract with a consultant or contractor and to require the consultant or subcontractor to include this assurance in all subsequent contraots: The vendor, and its contractors, consultants, agents, or employees agree to comply and require consultants and subcontractors to comply with 49 CFR, Part 20, New Restrietions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds contracted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies. Section 216.347, Florida Statutes. None of the funds under this contract will be used for any activity specifically designed to urge or influence a State ar local legislator to favor or oppose the adoption of any specific legislative proposal ponding before any State or local legislative body, Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practiee, even it'such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. If any provision of this contract is held invalid, the remainder of this contract shall not be affected. in such an instance the remainder would then continue to conform to the terms and requirements of applicable law. Outreach items cannot be freely distributed to the public without any action on a vendors part. Persons receiving outreach items should interact with the vendor in some manner related to the goal of the contract to receive them. The results of each interactive activity must be reported in the monthly performance report. For contracts in excess of $100,000 the vendor and its contractors, consultants, agents, ar employees agree to eomply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The vendor shall include this provision in all subcontract awards in excess of$100,000. The vendor and Its contractors, consultants, agents, or employees agree that the University shall find the vendor and its contractors, consultants, agents, or employees ineligible for future funding for any of the following reasons; o Failure to provide the required audits o Failure to provide required reports in the required time frame o Failure to perform work described in the contract scope of services o Providing fraudulent reports or invoices o Misuse of materials or equipment provided through this contract 13 City of Miami Beach on behalf of the Miami Beach Police Department Each vendor and its contraotors, consultants, and/or agents, shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be maintained by the vendor and/or contractor, consultant, or ngent and made available for review if requested, No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this contraol, or any project, program, or activity that receives or benefits from this contract. The vendor and its contractors, consultants, agents, or employees agree to comply with Executive Order (E,O.) 11246, as amended by E,O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference, Vendors shall (a) Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of alt new employees hired by the Vendor/Contractor during the term of the contract; (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subeontractor during the contract term. The vendor and its contractors, consultants, agents, or employees unilaterally agree to comply with all State and Federal Regulations referetteed within and pursuant to this contract. Vendors wit( comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"), These include but are not limited to: (a) Title VI (tithe Civil Rights Act of 1964 (42 U.S.C. 2000d et seq„ 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federai-aid programs and projects) 500-065-01 SAFETY 04/17 19 (c) Federal -Aid Highway Act of 1973, (23 U.S,C, 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C, 6101 et seq.), (prohibits discrimination on the basis of age) (1) The Civil Rights Restoration Aot of 1987, (Pub, L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Aot of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally fielded or not) (g) Titles 11 and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, publio and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 33 (h) Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low income populations); and (i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English profloiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). During the performance of this subgrant, the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein (c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, US DOT or NHTSA (6) That, in event a vendor fails to comply with any nondiscrimination provisions in this contract, the University will have the right to impose such contract sanctions as it, the Florida Department of Transportation, or USDOT determine are appropriate, including but not limited to withholding payments to the vendor under the contraot/agreement until the vendor complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part (e) To insert this clause, including paragraphs "a" through "e", in every subcontract and sub•agreemont and in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this contract The vendor will comply with provisions of the Batch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds, 500-065-01 SAFETY 04/17 20 49, Certification Regarding Federal Lobbying. The vendor certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal gram, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendtnont, or modification of any Federal contract, grant, loan, or cooperative agreement, (b) Warty fluids other than Federal appropriated 'kinds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Fomt to Report Lobbying," in accordance with its instructions. (o) The Subrecipient shall require that the language of this certification be included in the award documents for all suer -award at all tiers (laaluding subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly, This certification is a material representation of het upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,11.S, Coda. Any person who fails to file the required certification shall be subject to acivil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14 City of Miami Beach on behalf of the Miatni Beach Police Department